Consumer Rights Directive Implementation Act Vrug

Original Language Title: Verbraucherrechte-Richtlinie-Umsetzungsgesetz – VRUG

Read the untranslated law here: https://www.global-regulation.com/law/austria/2995452/verbraucherrechte-richtlinie-umsetzungsgesetz--vrug.html

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33. Federal law, the General Civil Code, the law on consumer protection and the consumer authorities cooperation law be changed with a federal law on distance selling and away from business premises will be issued contracts (remote - and Auswärtsgeschäfte law - FAGG) (consumer rights directive implementation Act VRUG)

The National Council has decided:

Article 1

Change of the General Civil Code

The General Civil Code, DL No. 946/1811, amended by Federal Law Gazette I no. 179/2013, is amended as follows:

1. paragraph 429:

"§ 429. "If sent to the thing with will of the transferee at a place other than the place of fulfilment is the thing is already with their delivery to one with the sending person entrusted to pass, if the sending the agreement, lack of one such traffic exercise is."

The following paragraph 3 is added to § 2. 905:

"(3) that transmitted the danger for a will of the creditor at a place other than the place of performance thing with the time of delivery (§ 429) to the creditor is over."

3. in article 1420 is the parenthesis quote "(§ 905, § 907a Abs. 1)" through the parenthesis quote "(§ 905 Abs. 1 und 2, § 906, § 907a Abs. 1, § 907b)" replaced.

4. § 1503 the following paragraph 4 is added to:

"I 33/2014, contact no. (4) §§ 429, 905 and 1420 in the version of the consumer rights-directive implementation Act, Federal Law Gazette June 13, 2014 into force."

Article 2

Change of the consumer protection act

The Consumer Protection Act, Federal Law Gazette No. 140/1979, as last amended by Federal Law Gazette I no. 50/2013, is amended as follows:

1. Article 3 is amended as follows:

a) paragraph 1 is as follows:

"(1) the consumer has issued his contractual Declaration in the premises permanently used by the contractor for its own business purposes nor a by this stage used on a fair or market, so he may withdraw his application for contract or the contract. This resignation may be declared up to conclusion of the contract or thereafter within 14 days. The running of this period begins with the handing over of a document, that at least the name and address of the contractor, the information needed for the identification of the Treaty and an instruction on the right of withdrawal, which includes withdrawal period and the procedure for the exercise of the right of withdrawal, the consumer, but not before conclusion of the contract on purchase contracts for goods with the tag, on the consumer obtained possession of the goods. Is the handing over of such certificate have been no, the right of withdrawal for a period of twelve months and 14 days after conclusion of the contract or delivery of goods is to the consumer; If the entrepreneur brings to the document delivery period of twelve months after the commencement of the period, ending the prolonged withdrawal period of 14 days after the date to which the consumer receives the certificate. For insurance contracts, the cancellation period ends no later than one month after conclusion of the contract. ";

(b) in paragraph 3 No. 3 the amount of "15 euros" is replaced by the amount of '25 euro' and the amount of "45 euros" is replaced by the amount of "50 euro";

(c) in paragraph 3, following Nos. 4 and 5 are added:



"4. in the case of contracts which are subject to the remote - and Auswärtsgeschäfte Act or 5. contract declarations, has the consumer in the physical absence of the entrepreneur, except that he was to do so pushed by the entrepreneur.";

d) para 4 is as follows:

"(4) the Declaration of withdrawal is bound to no specific form. The withdrawal period is maintained, if the Declaration of withdrawal is sent within the time limit. ";

e) paragraph 5 is as follows:

"(5) the consumer can also by its request for contract or the contract withdraw, if the entrepreneur against the trade rules on collecting and receiving orders for services (§ 54 GewO 1994), about the searches of individuals and promotional events (§ 57 GewO 1994) or through the acceptance of orders on goods by private individuals (section 59 GewO 1994) has violated." The provisions of para 1, para 3 Z 4 and 5 and paragraph 4 are to apply also to this right of withdrawal. Z 1-3 stands to the consumer in cases of paragraph 3. '. "

2. paragraph 5a along with heading:

"General obligations of the contractor

§ 5a. (1) before the consumer through a contract or his contractual Declaration is bound to the entrepreneurs in a clear and understandable manner on the following must inform him, insofar as this information not already directly arising from the circumstances:



1. the essential characteristics of the goods or services to the extent reasonable for the means of communication and the goods or services, 2. the name or the company and the telephone number of the operator and the address of his Office, 3. the total cost of the goods or services including all taxes and fees, but if can be calculated the price due to the nature of the goods or services reasonably in advance , the kind of calculating price and, where appropriate, all additional freight, delivery or shipping or, if these costs reasonably in advance can be calculated, any falling of such additional costs, 4. where appropriate, the payment, delivery and performance conditions, the period within which according to the commitment of the entrepreneur, the goods supplied or the service provided, and a possibly planned procedures when handling of the entrepreneur with complaints , 5. in addition to the indication of the existence of a statutory warranty right for the goods if necessary the existence and the conditions of customer service after the sale and commercial guarantees 6 automatically provides, where appropriate, the duration of the contract or the conditions for the termination of permanent contracts or contracts, 7, if necessary, the way of digital content including applicable technical protection measures for such content and 8 if necessary - as far as significantly - the interoperability of digital content with hardware and software , as far as this is known to the contractor or must be reasonably well known.

(2) the information requirements set out in paragraph 1 do not apply to contracts



1. about the Affairs of this life, be satisfied immediately at the time of the conclusion of the contract, 2. long-distance and Auswärtsgeschäfte law subject, 3. of social services including the providing and rental of public housing, child care or support for permanently or temporarily in need families or individuals including long term care, 4 health services in accordance with article 3 of 2011/24/EU directive concerning the pursuit of patient rights in cross-border health care , OJ No. L 88 of the astronomy page 45, regardless of whether they by a health care establishment are provided 5 about games requiring a cash usage, including lotteries, gambling in casinos and betting, 6 financial services, 7 over the grounds, the acquisition or transfer of ownership or other rights in immovable property, 8 on the construction of new buildings, significant renovations to existing buildings or rental of housing , 9 that in the scope of Directive 90/314/EEC on package travel, OJ No. L 158 of the public p. 59, fall, 10 in the scope of the Directive 2008/122/EC on the protection of consumers in respect of on certain aspects of timeshare contracts, contracts of long-term holiday products, resale and exchange contracts, OJ No. L 33 of the 3.2.2009, p. 10, fall, 11 concluded before a public office holders, is legally obliged to independence and impartiality and to ensure comprehensive legal education has, that the consumer completes a 12 for the supply of foodstuffs, beverages or other household items of daily use the contract only on the basis of thorough legal examination and having regard to its legal scope , which are supplied by the contractor within the framework of frequent and regular trips at the residence, the residence or place at work of the consumer, 13 relating to the carriage of persons, 14 which are closed using of automatic vending machines or automated commercial premises, 15 concluded with operators of telecommunications using public telephones for their use or the telephone made by a consumer to use a single ", Internet or fax connection will be closed."

3. paragraph 5b together with the heading:

"Telephone contracts in connection with winning commitments or betting and lottery services


§ 5 b. contracts that are negotiated during a call initiated by the contractor in connection with winning commitments or betting and lottery services, are null and void. Only the consumer can rely on the invalidity of the Treaty. For services, provided the contractor despite the invalidity of such contracts, it may require a fee, nor an impairment. Consumers can reclaim all payments and services adopted by the entrepreneur contrary to this provision."

4. the previous heading before § 5a "Contracts concluded at a distance" is eliminated; the previous section repeals section 5c-5i. and the previous paragraph 5j is paragraph labeled "§ 5 c." and the heading "Liability of winning commitments".

5. According to section 6a of the following articles 6 b and 6 c with headings shall be inserted:

"The cost of contacting after conclusion of the contract

§ 6 b. The entrepreneur has established a telephone line in connection with consumer contracts concluded with him to allow a telephone contact its contractual partners, so he must charge no fee a consumer who takes this option for this. The right to demand fees for actual communication services, by providers of telecommunications services, this prejudice.

Additional payments

§ 6c. (1) an agreement with a consumer in addition to the fee agreed for the main service commits to further payments - such as payment for an additional service of the operator - only effectively concluded if the consumer expressly consents to you. Such consent not exists in particular if the consumer to avoid a contract would have to reject a preset made by the contractor, this rejection but fails.

(2) lacks the required approval pursuant to par. 1, the operator has to refund additional payments to the consumer.

(3) the consumer can subsequently bring about the effectiveness of the agreement, by he explicitly agrees to this in the sense of paragraph 1.

(4) paragraphs 1 to 3 do not apply in section 5a paragraph 2 Z 3 to 8, 10 to 12, 14 and 15 listed contracts."

6. after article 7, following sections 7a and 7B and headings shall be inserted:

"Performance period for contracts of goods

Section 7a. The absence of other contractual agreement, the operator has the goods without undue delay, anyway, but not later than 30 days after conclusion of the contract to provide or, if the delivery of the goods has been agreed - to deliver to the consumer.

Transfer of risk in sending the goods

§ 7 b. If the contractor shall send the goods, the risk for loss or damage to the goods to the consumer passes once the goods to the consumer or a this specific, different from the carriers third party will be delivered. Already over but the consumers themselves the transport contract closed, so going without doing a choice suggested by the entrepreneur to exploit with the handing over of the goods to the carrier the danger. Unless otherwise agreed the consumer acquires at the same time with the transfer of risk. the ownership of the goods"

7 sections 26 to 26B shall be repealed along with the heading before section 26.

8 the following paragraph 5 is added to § the 26 d:

"(5) the provisions of paragraphs 1 to 4 do not apply to such contracts for services for the rehabilitation of residential premises governed by the remote - and Auswärtsgeschäfte Act."

9. in article 28a, paragraph 1 the word "Doorstep selling" by the phrase "Doorstep selling, outside business premises contracts, the General obligations of the entrepreneur (§ 5a)" and is the phrase "or in connection with information society services in e-commerce or in connection with asset management services, investment services or payment services or the issuance of E money" through the turn ", the claim by telephone costs (section 6 b) or additional payments (article 6 c)" ", the performance period (Section 7a) or the transfer of risk (section 7 b), relating to information society services in e-commerce, investment services, asset management services, payment services or the issuance of E money" replaced.

10 in section 30a following sentence is added to paragraph 3:

"Rights of withdrawal, the consumer according to other provisions - especially after §§ 11 ff." "FAGG - to, remain unaffected."

11 § is amended as follows 32 section 1:

(a) in no. 1 are the lit. a to c:



"(a) (the information duty according to § 5a complete and true information to meet, b) (to provide the goods in the sense of § 7a on time or deliver, c) to build provided certificate containing the information prescribed in section 26 d, paragraph 2 in section 26 d, paragraph 1 or";

(b) the previous lit. c Z 1 receives the letter designations d);

(c) No. 2 is as follows:



"2. the section 26 d para 3 contravenes,";

(d) in no. 6 is replaced "or" at the end by a point;

(e) No. 7 is eliminated.

12 29 the following paragraph is added to article the 41a:

"I no. 33/2014 and the change of the paragraph designation of the previous section 5j induced with this federal law apply (29) § § 3, 5a, 5 b, 6 b, 6 c, 7a, 7B, 26 para 5 d, 28a paragraph 1, 30a § 3 and § 32 para 1 as amended by Federal Law Gazette with 13 June 2014. § are § 3, 5a, 5 b, 6 b, 6 c, 7a, 7B, 26 d para 5 and 30a (3), as amended by this federal law on contracts to apply concluded June 13, 2014; for the contracts listed in section 5a paragraph 2 Z 9, § 6c but is to apply only from 1 July 2015. Contact the previous § § 5 c to 5i and 26 to 26B and the previous heading before § 5a at the end of the 12th June 2014 override; they as well as §§ 5a, 5B, 26 d and 30a in the previous version are still to apply to contracts concluded before 13 June 2014."

Article 3

Amendment to the consumer authorities cooperation Act

The consumer authorities cooperation Act, Federal Law Gazette I no 148/2006, as last amended by Federal Law Gazette I no. 2/2012, is amended as follows:

1. in the annex, 1 lit is the Z. a:



"a) policy 2011/83/EC on the rights of the consumers, to the amendment of Directive 93/13/EEC and of Directive 1999/44/EC and repealing of Directive 85/577/EEC and Directive 97/7/EC, OJ No. L 304 of 22 November 2011, S. 64; "."

2. in the annex, 1 lit eliminates the Z. (f).

3. the existing text of § 14 receives the sales designation (1); the following paragraph 2 is added:

"(2) No. 1 of the annex as amended by the consumer rights-directive implementation Act, Federal Law Gazette I no. 33/2014, 13 June 2014 into force."

Article 4

Federal law on distance contracts and contracts negotiated away from business premises (remote - and Auswärtsgeschäfte law - FAGG)

1 section

General information

Scope

§ 1 (1) this federal law applies to distance and away from business premises (remote - and Auswärtsgeschäfte) contracts between businesses and consumers (§ 1 KSchG).

(2) this Federal Act shall apply - as far as in § 8 para 4 no else is not intended - for contracts,



1. the outside of the premises be closed (§ 3 Z 1) and where the to be paid by the consumer fee which does not exceed 50 euros, 2. of social services including the providing and rental of public housing, child care or support for permanently or temporarily in need families or individuals including long term care, 3. on health services in accordance with article 3 of 2011/24/EU directive about patient rights in cross-border health care , OJ No. L 88 of the astronomy S. 45, regardless of whether they provided by a health care establishment this with the exception of distribution of medicines and medical devices at a distance, 4 on gambling, a values of money usage demand, including lotteries, gambling in casinos and betting transactions, 5 about financial services, 6 through the establishment, acquisition or transfer of ownership or other rights in immovable property. , 7 on the construction of new buildings, significant renovations to existing buildings or rental of housing, 8 which within the scope of Directive 90/314/EEC on package tours, OJ No. L 158 of the public p. 59, fall, 9 that in the scope of the Directive 2008/122/EC on the protection of consumers in respect to certain aspects of timeshare contracts, contracts of long-term holiday products, resale and exchange contracts, OJ No. L 33 of the 3.2.2009, p. 10, fall, 10 concluded before a public office holders, is legally obligated to the independence and impartiality and to ensure comprehensive legal education has, that the consumer completes the contract only on the basis of thorough legal examination and having regard to its legal scope, 11.

on the supply of foodstuffs, beverages or other household items of daily needs, be delivered by the contractor within the framework of frequent and regular trips at the residence, the residence or place at work of the consumer, 12 concluded, using of automatic vending machines or automated commercial premises, 13 concluded with operators of telecommunications using public telephones for their use or the telephone made by a consumer to use a single , Internet or fax connection are closed.

(3) for contracts for the carriage of persons, only article 8 shall apply.

(4) If a provision of this Federal Act to any other provision of law, which is used to implement a sectoral Union Act, or a national directly applicable Union Act in an intractable substantive opposition, it is the conflicting legislation in covered contracts not to apply.

Mandatory law

§ 2. As far as agreements to the detriment of the consumer are different from the provisions of this Federal Act, they are ineffective.

Definitions

§ 3. This federal law is a term



1. "off-premises contract" every contract between a business and a consumer, a) which is entered into with the simultaneous physical presence of the entrepreneur and the consumer in a place, which is not a business space of the entrepreneur, b) for the consumer under the in lit. a mentioned circumstances has made an offer, c) which is closed at the premises of the contractor or by means of communication, immediately after the consumer at a place other than the premises of the contractor with the simultaneous physical presence of the entrepreneur or his representative and of the consumer addressed personally and individually, or d) which is closed on a trip organized by an operator or by his representative in the intent or as a result of , concludes that the contractor for the sale of goods or the provision of services to the consumer advertises or can advertise and corresponding contracts with the consumer;

2. "Distance contract" every contract, which closed; used between an entrepreneur and a consumer without the simultaneous physical presence of the trader and the consumer in the framework of an organised distance sales or service-provision scheme where up including the conclusion of the contract only means of communication

3. "Business premises" immovable warehouses, where the entrepreneur is permanently performs his duties, or mobile warehouses, where the entrepreneur his activity usually exerts.

4. "public auction" is a sales method, where the entrepreneur offers consumers, who are present at the auction personally or granted this possibility, goods or services, in a carried out by the auctioneer, based on competing bids transparent process in which the bidder, which was awarded the contract, agrees to purchase of the goods or services;

5. "durable medium" any instrument which enables the consumer or the business owner,-oriented information to him personally so to save that he may consult them in the sequence for a time adequate for the purposes of the information and which allows the unchanged reproduction of the information stored;              

6 "digital content" data, which is manufactured in digital form or made available;

7 'ancillary contract' a contract under the consumer acquires goods or services, which are in connection with a remote or Auswärtsgeschäft and at which those goods or services by the company or a third party on the basis of an agreement between that third party and the contractor be delivered or provided.

2. section

Information requirements

Content of the information obligations; Legal consequences

4. (1) before the consumer through a contract or his contractual Declaration is bound, must inform the entrepreneur in a clear and understandable manner on the following him:



1 the essential characteristics of the goods or services to the extent reasonable for the means of communication and the goods or services, 2. the name or the company of the operator and the address of his Office, 3. If necessary, a) the telephone number, fax number and E-Mail address, under which consumers can quickly reach the contractor and without special effort with him in connection , b) differs from the establishment of the entrepreneur's business address, to the consumer with each complaint can have recourse, and c) the name or the company and the address of the establishment of the person on whose behalf is the entrepreneur, and the possibly different business address of this person who can contact the consumer with any complaint, 4. the total cost of the goods or services including all taxes and fees , if but the price due to the nature of the goods or services reasonably in advance can be calculated, how of price is calculated and, where appropriate, all additional freight, delivery, shipping or other expenses, or if these costs reasonably in advance can be calculated, any falling of such additional costs, 5. a contract of indefinite duration or a subscription contract the total costs for each billing period , when fixed amounts will be charged for such a treaty, the monthly total cost, but the total cost calculated reasonably in advance can be the type of price calculation, 6 the cost of using the means of communication used for the conclusion of the contract, provided that these are not calculated according to the basic rate, 7 the payment, delivery and performance, the period within which the commitment of the entrepreneur is the goods delivered or the service provided , as well as a possibly planned procedures when handling of the entrepreneur with complaints, 8 in existence of a right of withdrawal the conditions, time limits and the procedure for the exercise of this right, this under provision of the pattern cancellation form in accordance with Annex I part B, 9, if necessary, the obligation to pay the costs for returning the goods, as well as for distance contracts be the consumer in the event of withdrawal from the contract pursuant to § 15 about goods , the ways their nature usually not on the mail be sent, may be the consumer in the event of withdrawal from the contract pursuant to § 16 duty to pay a pro-rata amount for the already provided services, 11, where appropriate, about the non-existence of a right of withdrawal according to § 18 return costs, 10 or about the circumstances under which the consumer his right of withdrawal loses, 12 in addition to the indication of the existence of a statutory warranty right for the goods, where appropriate, the existence and the conditions of from customer services and commercial guarantees, any existing 13 relevant codes of conduct referred to in article 1, par. 4 Z 4 UWG and how the consumer a copy can get it, 14 automatically provides, where appropriate, the duration of the contract or the conditions for the termination of permanent contracts or contracts, 15, where appropriate, the minimum duration of the obligations, which enters the consumer with the Treaty, 16, if necessary, the right of the entrepreneur , by the consumer the position of a bond or other financial security to demand, if necessary, how of digital content including applicable technical protection measures for such content, 18 may - as far as much - the interoperability of digital content with hardware and software, as far as this is entrepreneur known and must be reasonably known their conditions, 17, and 19, where appropriate, the possibility of access to an out-of-court complaints and redress procedures , which the contractor is subject to, and the conditions for such access.

(2) in the case of a public auction Z can be transmitted instead of in paragraph 1 the relevant information of the auctioneer 2 and 3 referred information.

(3) the information can be granted part of A Nos. 8, 9 and 10 referred to in paragraph 1 by means of the pattern cancellation policy listed in annex I. With this form exchange of information the above information requirements of the entrepreneur shall be deemed, unless the entrepreneur rightly filled has submits the form the consumer.

(4) the information referred to in paragraph 1 granted the consumers are part of the contract. Changes are only effective if they have been expressly agreed by the parties.

(5) has the entrepreneur his duty to provide information on additional and other costs referred to in paragraph 1 Z 4 or over the costs for the return shipment of the goods does not meet Z 9 referred to in paragraph 1, the consumer has the additional and other costs not to wear.


(6) the information requirements shall apply pursuant to paragraph 1 without prejudice to other obligations according to statutory provisions on the directive 2006/123/EC on services in the internal market, OJ No. L 376 of 27.12.2006 p. 36, or Directive 2000/31/EC on certain legal aspects of the information society services, in particular electronic commerce, in the internal market, OJ No. L 178, the 17.7.2000 based p. 1.

Exchange of information on contracts negotiated away from business premises

Contracts negotiated away from business premises the information referred to in article 4, paragraph 1 are 5. (1) the consumer on paper or, if the consumer agrees, to deploy on another durable medium. The information must be legible, clear and understandable.

(2) the contractor a copy of the signed contract document or confirmation of the Treaty concluded on paper has the consumer or, if the consumer agrees, to deploy on another durable medium. If necessary the issue or confirmation of the contract must contain Z 11 a confirmation of the consent and knowledge of the consumer according to § 18 para 1.

Simplified exchange of information on craftsman contracts

Section 6 (1) case of contracts concluded away from business premises for repair or maintenance, where the consumer has expressly requested the agreement and the services of the contractor to carry out this work, the remuneration to be paid by the consumer does not exceed the amount of 200 euros and both parties immediately meet their contractual obligations, apply to the exchange of information by way of derogation from article 5, paragraph 1 the provisions of the following paragraph.

(2) the operator has the consumer which in article 4, paragraph 1, no. 2 and 3 lit. a called c information and information about the price or the way of the pricing together with an estimate on the total cost on paper or, if the consumer agrees, to provide another durable data medium. Moreover, the entrepreneur has the consumer which in article 4, paragraph 1 Z 1 to 8 and 11 above information, can however refrain from, to deploy them on paper or another durable medium if the consumer thus expressly agrees. According to § 5 para 2 available to copy or receipt must contain the information referred to in article 4, paragraph 1.

Exchange of information for distance contracts

The information referred to in article 4, paragraph 1 are the consumer section 7 (1) for distance contracts and easy to understand in a customized manner to provide the means of communication used. Provided this information in a durable medium, so they must be readable.

(2) is closed the contract using a means of distance communication, where for the representation of information is only limited space or limited time available, so the operator has at the very least the consumer prior to the conclusion of the contract on this means of communication in § 4 para 1 Nos. 1, 2, 4, 5, 8 and 14 referred to information on the essential characteristics of the goods or services , to give the name of the contractor, the total price, the right of withdrawal, the contract and the conditions of termination of open-ended contracts. The information referred to in article 4, paragraph 1 are to give the consumers in appropriate way in accordance with paragraph 1.

(3) the operator has the consumer within a reasonable time after the conclusion of the contract at the latest with the delivery of the goods or prior to the start of service delivery, to provide a confirmation of the Treaty concluded on a durable medium which contains the information mentioned in article 4, paragraph 1, unless he has provided this information to the consumer prior to conclusion of the contract on a durable medium. If necessary, the confirmation of the contract also a confirmation of the consent and knowledge of the consumer must contain Z 11 according to article 18, paragraph 1.

Special requirements for electronic contracts

8. (1) If a electronically, not only in the way of electronic mail or any individual so that comparable electronic means of communication distance sales contract requires the consumer to pay, has Z 1 the entrepreneur the consumer directly before that gives off his contract, clearly and in a prominent way in article 4, paragraph 1, to point out 4, 5, 14 and 15 above information.

(2) the operator has to make sure that the consumers when the order expressly confirmed that it is connected to the order with a payment obligation. If the order process requires the activation of a button or pressing a similar function, must this button or function well readable only with the words "subject to the payment order" or a similar unique wording be identified, which the consumer indicates that it is connected to the order with a payment obligation to the contractor. The entrepreneur does not fulfil the obligations referred to in this paragraph, the consumers on the contract or his contractual Declaration is not bound.

(3) on websites for e-commerce, it is at the latest at the beginning of the ordering process clearly indicating whether supply quota systems exist and what means of payment are accepted.

(4) paragraphs 1 to 3 apply to Z also in section 1 para 2 8 called contracts. The regulations in paragraph 2 second and third sentences also apply to that in section 1 para 2 Nos. 2 and 3 referred to contracts, if they are closed in the manner indicated in paragraph 1.

Special requirements for telephone contracts

§ 9 (1) for long-distance calls with consumers, aimed at the conclusion of a distance contract, has the contractor to disclose his name or his company, where appropriate, the name of the person on whose behalf he acts, and the commercial purpose of the call to the consumer at the beginning of the conversation.

(2) in the case of a distance contract on a service which was negotiated during a call initiated by the entrepreneur, the consumer is not bound if the contractor provides a confirmation of his Vertragsanbots on a durable medium the consumer and the consumer sent a written statement about the acceptance of this offer on a durable medium the entrepreneur on this.

Beginning of the performance of the contract before the expiry of the withdrawal period

§ 10. A distance contract or a contract concluded away from business premises has a service, not in a limited volume or a certain amount on delivery of water, gas or electricity, or the supply of district heating to the subject-matter and the consumer wants that the contractor before the end of the withdrawal period begins after section 11 with the performance of the contract, so the entrepreneurs must invite the consumer , to declare him a request specifically on this early performance of the contract - in the case of a contract concluded away from business premises on a durable medium -.

3. section

Withdrawal from the contract

Right of withdrawal and cancellation period

§ 11 (1) of the consumer may withdraw from a distance contract or a contract concluded away from business premises within 14 days without giving reasons.

(2) the time limit for the withdrawal begins



1. for service contracts with the date of contract conclusion, 2. for sales contracts and other agreements aimed at acquiring a commodity paid a) with the tag where the consumer or a named by consumers, not as carriers operating third-party obtained ownership to the goods, b) if consumer has ordered several goods within the framework of a single order, which will be delivered separately , with the tag where the consumer or a named by consumers, not as carriers operating third-party learns the ownership of the most recently delivered goods c) on delivery of goods in several partial shipments with the tag where consumers or a named by consumers, not as carriers operating third-party gained possession on the last part show, d) contracts for the regular supply of goods over a set period of time with the tag , where the consumer or a named by consumers, not as carriers operating third-party ownership of the first goods learns 3. a treaty which has not in a limited volume or a certain amount on delivery of water, gas or electricity, the supply of district heating, or the delivery of digital content stored on a physical disk to the subject , with the day of the conclusion of the contract.

Lack awareness of the right of withdrawal

Section 12 (1) is the contractor of its obligation according to § 4 par. 1 Z 8 failed to the withdrawal period provided for in section 11 extends for twelve months.


(2) the entrepreneur catching information issuing within twelve months of which in accordance with article 11 paragraph 2 for the start of the period relevant date, the cancellation period of 14 days after the date at which the consumer obtains this information ends up.

Exercise of the right of withdrawal

13. (1) the Declaration of withdrawal is bound to no specific form. The consumer can use part B the model withdrawal form set out in annex I. The withdrawal period is maintained, if the Declaration of withdrawal is sent within the time limit.

(2) the contractor also can allow the consumer, electronically fill the model withdrawal form set out in annex I part B or a differently worded resignation statement on the website of the entrepreneur and submit. The consumer submits a resignation statement in this way, so has the contractor immediately to submit a confirmation of the receipt of the cancellation on a durable medium.

Obligations of the entrepreneur on withdrawal of the consumer from the contract

14. (1) resigns the consumer according to § 11 ABS. 1 of the Treaty, so the operator has all payments made by the consumer to reimburse, where appropriate, including the delivery costs, without delay, but not later than within 14 days after receipt of the cancellation. He has to use the same means of payment, which the consumer for its payment has served for repayment; the use of other means of payment is allowed but if this has been expressly agreed with the consumer and no costs to the consumer as a result.

(2) the consumer expressly opted for a different type of delivery as the cheapest standard delivery offered by the contractor, so he has no right to reimbursement him thus incurred additional costs.

(3) for purchase and other contracts aimed at acquiring a commodity paid, the entrepreneur may refuse redemption until he either regain back the goods, or the consumer has provided him proof of the return of the goods; This does not apply if the contractor has offered to pick up the goods itself.

Obligations of the consumer to withdraw from the purchase contract

Section 15 (1) resigns the consumer according to § 11 para 1 of a contract or any other contract aimed at acquiring a commodity paid, so he has received goods immediately, to be returned no later than within 14 days after the cancellation Declaration, to the entrepreneur; This does not apply if the contractor has offered to pick up the goods itself. The default period is maintained, if the goods will be dispatched within the time limit.

(2) the direct cost of returning the goods will be made by the consumer; This is not, if the contractor has agreed to bear these costs, or if it has failed, to inform consumers about its cost transfer duty.

(3) in the case of contracts negotiated away from business premises, which delivered the goods at the time of the conclusion of the contract, to the home of the consumer, the operator has to pick up the goods at his own expense, if such goods be shipped due to their nature usually not on the post.

(4) the consumer has only to pay compensation for a reduction in the market value of the goods the contractor if this loss in value on one to the examination of the nature, properties, and the functioning of the goods is due to unnecessary handling with the same. Consumer is not liable for a loss in value of the goods, when he was taught by the contractor in accordance with article 4, paragraph 1 Z 8 about his right of withdrawal.

(5) in addition to the payments listed in this provision and possible additional costs according to § 14 para 2 no other loads may be imposed on the consumer because of his resignation.

Obligations of the consumer to withdraw from a contract for services, energy and water supplies, or digital content

Section 16 (1) withdraw energy referred to consumers according to § 11 para 1 a contract on services or on the section 10 and water deliveries, after he agreed a request pursuant to section 10 and started the entrepreneur on this with the performance of the contract, so he has to an amount the contractor pay in comparison to the contractually agreed total price relatively the entrepreneur to withdraw services corresponds to. The total price is inflated, the amount to be paid pro rata on the basis of the market value of the services is calculated.

(2) the pro rata payment obligation is not referred to in paragraph 1, if the contractor of its obligation is not fulfilled pursuant to § 4 para 1 Nos. 8 and 10.

(3) the consumer withdraws according to § 11 para 1 of a contract for the supply of not on a physical disk stored digital content, so no payment obligation to him for services already rendered of the entrepreneur.

(4) in addition to the payment specified in paragraph 1, no other loads may be imposed on the consumer due to his resignation.

Impact of withdrawal on ancillary contracts

§ 17 resigns the consumer according to § 11 ABS. 1 of the Treaty, so the resignation also applies to an ancillary contract. Except for the payments specified in articles 15 and 16, no other loads may be imposed on the consumer from this.

Exceptions to the right of withdrawal

Section 18 (1) the consumer has no right of withdrawal for distance or away from business premises contracts



1. Services, if the entrepreneur - on the basis of explicit desire of the consumer according to § 10, as well as a confirmation of the consumer about his knowledge of the loss of the right of withdrawal for full performance of the contract - before the end of the cooling off period pursuant to section 11 with the execution of the services had begun and the services was then fully provided, 2.
Goods or services the price of which depends on fluctuations in the financial market, on which the entrepreneur has no influence and that may occur during the withdrawal period, 3.
Goods which are manufactured according to customer specifications or are clearly tailored to the personal needs, 4.
Goods, which can quickly decay or whose expiry date has passed quickly, 5.
Goods supplied sealed and are suitable for reasons of health or hygiene reasons not to return unless the seal has been removed after the delivery, 6.
Goods which have been mixed, alcoholic drinks, the price of which has been agreed upon in the contract, but not sooner than 30 days after conclusion of the contract can be supplied and their current value of fluctuations in the market depends on 7, on which the entrepreneur has no influence, 8 audio or video recordings or computer software which are supplied in a sealed pack after its delivery on the basis of their nature inseparably with other goods , unless the seal has been removed 9 newspapers, periodicals or magazines with the exception of subscription contracts for the supply of such publications, after delivery, 10 services in the areas of accommodation other than for residential purposes, transportation of goods, rental of vehicles, as well as supply of food, beverages and services, which in connection with leisure activities are provided, unless each for the fulfilment of the contract by the contractor is contractually provided for a certain time or period , 11 the delivery of digital content stored on a physical disk, if has connected entrepreneurs - with the express consent of the consumer, with its awareness of the loss of the right of withdrawal at the premature beginning with the performance of the contract, and after making a copy or confirmation according to § 5 para 2 or § 7 para 3 - has begun before expiry of the withdrawal period pursuant to section 11 of the delivery.

(2) the consumer has no right of withdrawal with contracts for urgent repair work and maintenance, where consumers explicitly urged the entrepreneurs to visit to carry out this work. The entrepreneurs in such a visit provides other services that the consumer is not expressly requested, or it delivers goods required for the maintenance or repair not necessarily as spare parts, so the resignation right the consumer in respect of these additional services or goods.

(3) Finally, no right of withdrawal for contracts may refer to the consumer entered on a public auction.

4 section

Penal provisions

§ 19 unless the fact constitutes not a judicially punishable act or threatened after other administrative penal provisions more stringent punishment, an entrepreneur commits an administrative offence and is fined to punish with up to 1 450 euro, if he



1. in which pursuant to § 4 paragraph 1 misrepresentation establishes precontractual information provided or not or not fully complies with the obligations in accordance with article 4, paragraph 1, 2.

3. consumer contrary to section 5, paragraph 2 or article 7, para. 3 no copy of the contract or confirmation of the available; is contrary to one of the arrangements adopted in article 5, paragraph 1, section 6, paragraph 2 and article 7, paragraph 1 and 2 of the type of information distribution,

4. its special pre-contractual information requirements for electronic contracts in accordance with article 8, paragraph 1 and 3 do not or not fully met;

5. long distance begins without to be disclosed at the beginning of the conversation (the company) of the entrepreneur's name, where appropriate, the name of the person on whose behalf he acts, as well as the commercial purpose of the call in accordance with article 9, paragraph 1;

6. it fails to submit a confirmation of the receipt of the cancellation on a durable medium the consumer pursuant to § 13 para 2;

7 according to § 14 para 1 violates its obligation to refund.

5. section

Final provisions

Entry into force

Section 20 (1) § 8 para 4 with July 1, 2015, power and does apply to long-distance and Auswärtsgeschäfte, concluded at that time.

(2) in addition, this June 13, 2014 federal law enters into force and is to apply to long-distance and Auswärtsgeschäfte, concluded at that time.

Enforcement

§ 21. The Federal Minister of Justice is entrusted with the execution of this Federal Act.

Implementation note

section 22. With this federal law the directive is 2011/83/EC on the rights of the consumer, to the amendment of Directive 93/13/EEC and of Directive 1999/44/EC and repealing of Directive 85/577/EEC and Directive 97/7/EC, OJ No. L 304 of the 22.11.2011 p. 64, implemented.

Article 5

Implementation note and relative to sector-specific provisions

§ 1. With article 2 of the Federal law directive is 2011/83/EC on the rights of the consumer, to the amendment of Directive 93/13/EEC and of Directive 1999/44/EC and repealing of Directive 85/577/EEC and Directive 97/7/EC, OJ No. L 304 of the 22.11.2011 p. 64, implemented.

§ 2. As far as article 2 introduced or amended provision to any other provision of law, which is used to implement a sectoral Union Act, or a national directly applicable Union Act in an unresolvable content opposition stands, she is on the contracts covered by the conflicting provision does not apply.

Fischer

Faymann